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On Self-contained Risk Rules

Posted on:2020-09-14Degree:MasterType:Thesis
Country:ChinaCandidate:T Y ZhangFull Text:PDF
GTID:2436330572998312Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As a counter-argument in the Anglo-American legal tort liability law,the self-inflicted risk rule means that the parties are still engaged in the behavior when they engage in the behavior,and they still engage in the behavior,and the consequences of the damage are self-responsible..China's Tort Liability Law does not stipulate the provisions of the system.By applying the principle of fair liability and negligence and other systems to solve the problem of self-inflicted damages,it is difficult to apply the law.The reason is that the concept of self-contained risk rules is not clear,resulting in confusion with similar concepts;there are no unifonn provisions for the constituent elements,which makes it impossible to effectively link with judicial practice when applying the self-inflicted risk rules;The research is relatively rare and has not effectively promoted the legislative process of the self-inflicted risk system.In the compilation of the Civil Code,the self-contained risk system should be included in the Tort Liability Law,which is defined as the behavior of the peipetrator who is engaged in the behavior based on the rational public perception of the potential risks of the conduct.The system of voluntary consequences of the consequences of damage.The constituent elements of the risk include:the mutual behavior of the two parties,the risk of participating in the activity,the legitimacy of the behavior,the mutual understanding of the risks,and the voluntaiy risk of the victim.The self-contained risk system can be applied to the sports field,self?service tourism field and medical field in China's Tort Liability Law.
Keywords/Search Tags:Tortious conduct, Constitutive requirements, assumption of risk, Sports damage
PDF Full Text Request
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